Malaysia legislation
Section 27
Section 27
(2)
If there is any excess of the contribution on the account of the aided person, the aided person may, within a period of six months from the date the legal aid certificate is terminated, apply to the Director General for the excess contribution to be refunded.
(3)
The excess contribution to be refunded under subsection (2)
shall not exceed twenty-five percent of the contribution being the advocacy costs paid pursuant to subsection (1).
Legal Aid and Public Defence 27
(4)
The aided person shall be deemed to have waived his rights if the aided person does not apply for the refund of the excess contribution within the period specified in subsection (2).
(5)
Subject to the regulations made under this Act, any unpaid contribution on the account of the aided person in relation to any civil or syariah proceedings, shall be a first charge on any property that may be recovered or preserved for the aided person in the proceedings.
(6)
For the purposes of subsection (5), any property recovered or preserved for any aided person shall include—
(a)
his rights under any settlement agreement in the proceedings;
and
(b)
any money recovered pursuant to an order for costs made for his interest in the proceedings.
(7)
The charge created by subsection (5) on any damages or costs shall not prevent the court from allowing the damages and costs to be deducted from other damages or costs if the solicitor’s lien for costs does not prevent it.
Record and filing of legal aid certificate in civil and syariah proceedings